Legal Opinion
State v. Wilson
New Mexico Court of Appeals
Decided May 25, 2001No. 21,279PublishedCited by 30 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} Following the United States Supreme Court’s announcement of its decision in Apprendi v. New Jersey, 530 U.S. 466,120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), courts across the country have been inundated by constitutional challenges to state and federal sentencing schemes. In this appeal, we must decide the constitutionality of NMSA 1978, § 31-18-15.1 (1993), which requires the sentencing court to hold a hearing to determine whether aggravating or mitigating circumstances warrant a departure from the basic felony sentences set forth in NMSA 1978, § 31-18-15 (1994).
{2}…
2Cases cited38 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Jones v. United StatesSupreme Court of the United States · 1999
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- State v. RojoNew Mexico Supreme Court · 1998
33 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State v. FrawleyNew Mexico Supreme Court · 2007
- State v. AkerNew Mexico Court of Appeals · 2005
- State v. JerniganNew Mexico Supreme Court · 2005
- State v. MontoyaNew Mexico Court of Appeals · 2005
- State v. WildgrubeNew Mexico Court of Appeals · 2003
25 more not listed; retrieve them via the Exa API.